Terms of service

Last Updated: September 27, 2019

 

User's Acknowledgment and Acceptance of Terms

Todd Consulting, Inc. ("Us", "We", or “The Company”), owner of the Tod.d brand, provides the www.myvirtualtodd.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations here under, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Overview of our Services

To ensure the quality of the Tod.d experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in a termination of your account.

Tod.d accounts, tasks and project requests are non-transferable. This means you cannot transfer ownership of your account to someone else, nor can you sell your account, tasks requests, or project requests.  You can however purchase plans on behalf of someone else.

All Tod.d plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.

All Tod.d plans are recurring subscriptions that can be canceled at any time.

Any agreement or attempted agreement between client and a Tod.d Virtual Chief of Staff (“VCOS”), in connection with a service contract, requiring that payment be made outside of Tod.d shall constitute a material breach of this agreement and be subject to cancellation without refund.

Task and Project Requests

Each project or task request must be submitted by phone, email, or SMS text. Please send your requests individually: this means that each communication you have with your VCOS should contain one, defined, task. You're more than welcome to submit multiple requests at one time, but we ask that you create a separate message for each. This ensures the fastest possible turn around for each request.

You can check the status of a request you have submitted using the link to theTrello.com board assigned to your firm located in your User Guide. You will need to create an account with Trello.com to access your task progress board. We are not affiliated with Trello.com and as such our Terms of Service are separate from those of Trello.com. We are not liable for agreements made with Trello.com.  

 If you ever feel like your service could be better, you can contact us by telephone or email us. For a list of tasks that we can do, please refer to the "What We Do" page in your User Guide. Agreeing to these terms of service means you understand and agree to keep your project and task requests within the scope of our business.

Ownership and Confidentiality of Work Product

If a VCOS creates any original work for you, including but not limited to: research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), The Company grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.

To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by The Company to a third party.

As used in these Terms of Service, your confidential information means non-public information that you provide to The Company or a VCOS that you reasonably expect Us to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar business information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by The Company or a VCOS; (2) was or becomes available to The Company or VCOS on a non-confidential basis prior to your disclosure of the information to The Company or VCOS (3) is independently developed by The Company or VCOS without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect the rights and/or property of The Company, a VCOS, or our other clients.

As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

Guarantee & Warranty

There is no warranty on any of the information, tasks, or projects your VCOS completes for you. We will do our best to provide the most efficient, accurate, and timely service we can. However, if we give you information or results that are inaccurate, although we'll be deeply sorry, you cannot hold us liable for that information, or the results, legally. We will do the best we can to remedy the situation.

Cancellations

Your monthly memberships can be canceled at any time. Please be aware that we are unable to prorate membership cancellations or refund unused time. All cancellation requests will go into effect at the end of your current monthly subscription. To cancel, just email us at support@myvirtualtodd.com.

Termination of Service

We reserve the right to terminate the service of a Todd Consulting, Inc. client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

  1. If the client is constantly requesting tasks outside the scope of their service plan and we're unable to find a solution by scaling back the requests

  2. If the client is abusive to his/her VCOS or any other Todd Consulting, Inc. team member

Todd Consulting, Inc. Terms of Service Non-solicitation Provision

I acknowledge that Todd Consulting, Inc. has made substantial investments in recruiting, training and matching skilled VCOS’s with each of its members including me, and that The Company has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that The Company has agreements with VCOS’s that protect this interest by requiring that VCOS’s obtain The Company’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Tod.d member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with The Company for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any VCOS who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with The Company to leave his or her employment with The Company and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a VCOS leaving The Company and accepting an engagement with me directly or indirectly without The Company’s consent, I agree to pay The Company as liquidated damages reasonably calculated to compensate The Company for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Tod.d subscription in effect at the most recent date that the VCOS had been assigned to me by The Company.

Data Rights and Protection

Our customers can give and rescind consent at any time. If at any time you wish to remove consent, please email us at support@myvirtualtodd.com.

In the event of a data breach, The Company will notify our customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.

If at any time a customer wishes to access his or her existing data profile, The Company will provide a free electronic copy of the data we collected about that customer. This report will also include the various ways the information has been used.

If at any time customer discontinues their relationship with The Company, the customer can request that his or her personal data is wholly erased from our records.